Ord 525 - Unsafe Structures

AN ORDINANCE FINDING THAT THERE EXIST WITHIN THE CITY OF TROY, KANSAS, STRUCTURES AND PARTS OR REMAINS THEREOF UNFIT FOR HUMAN USE OR HABITATION WHICH ARE INIMICAL TO THE WELFARE OF THE RESIDENTS OF THE CITY IN THAT THEY HAVE A BLIGHTING INFLUENCE ON PROPERTIES IN THEIR AREA OR DEFECTS WHICH RENDER THEM DETRIMENTAL TO THE HEALTH AND SAFETY OF THE RESIDENTS OF THE CITY; ESTABLISHING A PROCEDURE FOR CAUSING THE REPAIR, CLOSING, DEMOLITION OR REMOVAL OF STRUCTURES AND PARTS OR REMAINS THEREOF UNFIT FOR HUMAN USE OR HABITATION AND ASSESSING THE COST THEREOF; PROVIDING FOR NOTICE; A PUBLIC HEARING AND RECOURSE TO THE DISTRICT COURT FOR THE OWNERS OF SUCH STRUCTURES, PARTS OR REMAINS THEREOF; AUTHORIZING THE GOVERNING BODY OF THE CITY TO ENFORCE THE PROVISIONS OF THIS ORDINANCE AND PRESCRIBING ITS DUTIES AND AUTHORITY CONCERNING SUCH STRUCTURES; AND PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF

TROY, KANSAS:

SECTION 1. Whereas, the governing body of the City of Troy, Kansas has found that there exist within the corporate limits of the City, structures, parts of structures or remains of structures which are unfit for human use or habitation due to dilapidation; defects, increasing the hazards of fire, accidents or other calamities, lack of sanitary facilities, partial destruction or demolition or other conditions including those set forth in Section 4 hereof, which renders such structures or structure remains unsafe, unsanitary, or otherwise inimical to the welfare of the residents of the City, and it is hereby deemed necessary by said governing body to require or cause the repair, closing, demolition or removal of such structures, parts of structures or remains of destroyed or demolished structures in the manner hereinafter provided.

SECTION 2. For the purpose of this ordinance, certain terms and words are hereby defined as follows:

(1) Structures: Anything constructed or erected which requires location on the ground or is attached to something having a location on the ground.

(2) Residential Structures: Any building, dwelling or structure, or part thereof, used and occupied for human habitation or intended to be thus used and including any appurtenances belonging thereto or usually enjoyed therewith.

(3) Non-residential Structures: Any structure which is used for other than residential purposes, or a part of such structure, or a structure a part of which is used for other than non-residential purposes, and, where applicable, the premises on which such structures are situated or the remains of structures which have been destroyed or demolished or have been partially destroyed or demolished.

SECTION 3.

(a) Whenever a petition is filed with the City Clerk or the Governing Body of the City of Troy, Kansas, by at least five (5) residents of the City charging that any structure is unfit for human use or habitation or whenever it appears to the Governing Body of the City, on its own motion, that any structure is unfit for human use or habitation the Governing Body shall, if a preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties with an interest in such structure (including persons in possession) a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the Governing Body of the City of Troy, Kansas, at a place therein fixed not less than ten (10) days nor more than thirty (30) days after serving of said complaint; the owner, mortgagee and parties in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time in courts of law or equity shall not be controlling in hearings before the governing body.

(b) If, after such notice and hearing, the Governing Body of the City of Troy determines that the structure under consideration is unfit for human use or habitation it shall state in writing the findings of facts in support of such determination and shall issue and cause to be served upon the owner thereof an order which:

(1) If repair, alternation, or improvement of the structure can be made at a reasonable cost in relation to the value of the structure, which costs shall not exceed fifty percent of the fair market value of such structure, the owner of said property shall within the time specified in the order, repair, alter, or improve such structure to render it fit for human use or habitation or shall vacate and close the structure until conformance with this ordinance is met; or,

(2) If the repair, alteration, or improvement of the said structure cannot be made at a reasonable cost in relation to the value of the structure; that is to say, under fifty percent of such fair market value, which is hereby deemed to be a reasonable cost by the Governing Body of said city, the owners shall within the time specified in said order remove or demolish such structure and clean up the site.

c. If the owner fails to comply with an order to repair, alter or improve or to vacate, close or demolish the structure for a period of more than thirty (30) days from the date of such order, the City Governing Body may cause such structure to be repaired, altered, or improved, or to be vacated and closed, and/or demolished and cleaned up.

d. If the owner fails to comply with an order to remove, demolish or clean up the structure for a period of more than thirty (30) days from the date of such order, the Governing Body of the City may cause such to be done.

e. The amount of the cost of such repairs, alterations or improvement or vacating and closing, or removal or demolition by the Governing Body of the City shall be a lien against the real property upon which such cost was incurred and such lien, including as a part thereof allowance of costs and necessary attorney’s fees, may be foreclosed in judicial proceedings, in the manner provided or authorized by law for loans secured by liens on real property or shall be assessed as a special assessment against the lot or parcel of land on which the structure was located and the City Clerk shall at the time of certifying other city taxes, certify the unpaid portion of the aforesaid costs and the County Clerk shall extend the same on the tax rolls of the county against said lot or parcel of land. If the structure is removed or demolished by the City, the City’s Governing Body may, if the same be economically feasible, sell the materials of such structure and credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining it shall be paid to the parties entitled thereto as determined by proper judicial proceedings instituted by the City’s Governing Body after deducting the costs of such judicial proceedings, including necessary attorney’s fee incurred therein, as determined by the Court.

SECTION 4. The Governing Body of the City may determine that a structure is unfit for human use or habitation if it finds that conditions exist in such structure which are dangerous or injurious to the health or safety of the occupants of such building or other residents of the City, or which have a blighting influence on properties in the area. Such conditions may include the following, without limitations; defects therein increasing the hazard of fire, accident, or other calamities; lack of adequate sanitary facilities; dilapidation; disrepair; structural defect; uncleanliness; overcrowding; unsightly appearances that constitute a blight to adjoining property, the neighborhood or the City; walls, sidings, or exteriors at a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment, supplies, machinery, trucks or automobiles or parts thereof; vermin infestation; inadequate drainage; or any violation of health, fire, building or zoning regulations or any other laws or regulations relating to the use of land and the use of occupancy of buildings and improvements.

SECTION 5. Complaints or orders issued by the Governing Body of the City pursuant to this ordinance shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Governing Body in the exercise of reasonable diligence, and the Governing Body of the City shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in the official newspaper. A copy of such complaint or order shall also be posed in a conspicuous place on the premises affected by the complaint or order, and another copy of such complaint or order shall also be filed with the Clerk of the District Court of Doniphan County, Kansas, and such filings of the complaint or order shall have the same force and effect as other lis pendens orders provided by law.

SECTION 6. Any person affected by an order issued by the Governing Body of the city of Troy may petition the District Court of Doniphan County, Kansas, for an injunctions restraining the City from carrying out the provisions of the order, and the Court may, upon such petition, issue a temporary injunctions restraining the City, pending the final disposition of the Court within thirty (30) days after the posting and service of the order of the Governing Body of the City. Hearings shall be had by the District Court on such petitions as provided by K.S.A. 17-4759, and amendments thereto. The remedies herein provided shall be exclusive remedies, and no person affected by an order of the Governing Body of the City issued pursuant to the provisions of this ordinance shall be entitled to recover any damages for action taken, pursuant to any order of the City or because of compliance by such person with any order of the City.

SECTION 7. The Governing Body of the City of Troy is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this ordinance, including the following powers, in addition to others herein granted:

1. To investigate the structure conditions in the City in order to determine which structures therein are unfit for human use or habitation;

3. To enter upon premises for the purpose of making examinations, provided that such entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession and to obtain an order for this purpose form a court of competent jurisdiction in the event entry is denied or resisted;

4. To appoint and fix the duties of such officers; agents and employees as are necessary to carry out the purposes of this ordinance, and

5. To delegate any of the functions and powers under this ordinance to such officer, agents and employees as the Governing Body may designate.

SECTION 8. Nothing in this ordinance shall be construed to abrogate or impair the powers of any Courts or of the Governing Body of the City of Troy to enact and enforce other ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this ordinance shall be in addition to and supplemental to the powers conferred by the constitution, and any other law or ordinance. Nothing in this ordinance shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise or to exercise those powers granted specifically by K.S.A. 12-1750 through K.S.A. 12-1756, both sections inclusive, as amended.

SECTION 9. It shall be unlawful for any person, corporation, association, partnership or individual to fail to comply with any lawful orders issued pursuant to the provisions of this ordinance. Any person convicted of a violation of this ordinance shall, upon conviction, be fined not less than $10.00 nor more than $500.00. Each day during or on which a violation occurs or continues shall constitute a separate offense.

SECTION 10. If any part of this ordinance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this ordinance. The governing body hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid.

SECTION 11. This ordinance is adopted by authority of and under the provisions of K.S.A. 17-4759 and Article 12, Section 5(b) and (d) of the Constitution of Kansas.

SECTION 12. This ordinance shall take effect and be in force from and after it passage, approval and publication in the official city newspaper.